THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.405 of 2007 17-07-2014 BETWEEN:
The State of A.P., rep. by Public Prosecutor, High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh.
…..Appellant AND Thota Satyanarayana And another …..Respondents/Accused THIS COURT MADE THE FOLLOWING JUDGMENT:
THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.405 of 2007 JUDGMENT:
The Criminal Appeal is preferred by the State challenging the Judgment, dated 12.05.2003, in Sessions Case No.198 of 2002 passed by the Assistant Sessions Judge, Krishna at Gudiwada, whereby the learned Judge acquitted the accused for the offence under Section 307 IPC read with Section 34 IPC.
The case of the prosecution is as follows:-
That the de facto complainant and his brother, P.Ws.1 and 2 are having lands at Kornipadu Village and A.1 and A.2 are having sheep. It is the case of prosecution that the sheep of the accused entered into the land of P.Ws.1 and 2 and many times the accused were told by P.W.1 to tie their sheep, on the other hand the accused have quarreled many times. That on 11.11.2001 at about 10.00 p.m., while P.Ws.1 and 2 were at milk centre, A.1 and A.2 in a drunken condition armed with Kammakatti attacked P.Ws.1 and 2, that A.1 hacked P.W.1 and A.2 hacked P.W.2 on his right knee and on his left elbow and caused bleeding injuries. The neighbours have witnessed occurrence. The injured P.Ws.1 and 2 were admitted in to Government Hospital and on information from the hospital, the head constable recorded the statement of P.W.1, and on the basis of the said statement, a case was registered against A.1 and A.2 and was investigated into. After completion of investigation, charge sheet was filed.
On appreciation of oral and documentary evidence, the Court below acquitted the accused for the offence under Section 307 IPC read with Section 34 IPC. Aggrieved by the same, the present appeal is preferred by the State.
Heard and perused the material available on record.
The learned Judge after appreciating the evidence observed that there is a counter case filed by A.1 and A.2 against P.Ws.1 and 2 along with three others, but the prosecution has failed to explain the status of the counter case filed by A.1 and A.2. It is also observed that P.W.7 the Medical Officer of Area Hospital deposed about the injuries on A.1 and A.2, and that P.W.9, the Investigating Officer in his cross-examination deposed that P.W.1 and three other persons are accused in the counter case registered as Crime No.124 of 2001 for the offence under Section 324 read with Section 34 IPC and that the police did not file charge sheet in the counter case. The police after completing the investigation filed charge sheet in the case filed against the A.1 and A.2, whereas they failed to file any report either dropping the action or investigating the matter in the case filed against P.W.1 and three others. Hence, viewed from any angle, there is no hesitation to come to an opinion that the prosecution has failed to establish the guilt of the accused beyond all reasonable doubt.
Considering the findings recorded by the trial Court and the evidence adduced on record, this Court is of the view that the trial Court has rightly acquitted the accused for the offence under Section 307 IPC. The Judgment of the trial Court is in accordance with law and it does not suffer from any perverse findings and the acquittal recorded by the trial Court needs no interference by this Court.
The Criminal Appeal is accordingly dismissed. Miscellaneous applications, if any pending in this appeal, shall stand dismissed.
JUSTICE RAJA ELANGO 17.07.2014 pln